9911796707
TMI Blog2024 (5) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee-in-default, in the instant set of facts. In absence of any arguments by the assessee in support of it s case and in absence of any documentary evidences to demonstrate that the assessee is eligible for claiming benefit of First Proviso to Section 201(1) of the Act, we find no reason to interfere with the findings of the Ld. CIT(A), who also observed in his order that despite several opportunities, the assessee failed to furnish any evidences to support that the assessee is eligible for claiming the benefit of First Proviso to Section 201(1) of the Act. Levy of interest u/s 201(1A) of the Act, we find no infirmity in the findings of the Ld. CIT(A) that the assessee is liable to pay interest under Section 201(1A) of the Act till the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n upholding the order passed by Id. Assessing Officer confirming demand of TDS of Rs. 6,02,000 u/s 201(1) of the Income Tax Act, 1961. 2. Ld. Commissioner of Income Tax (Appeals ), National Faceless Appeal Centre (NF AC) ought to have appreciated that ld. Assessing Officer had failed to ascertain and examine as to whether the tax has been recovered by the Income Tax Department from the respective sellers of the immovable properties while upholding the demand of TDS of Rs. 6,02,000 u/s 201(1) of the Income Tax Act, 1961. 3. Ld. Commissioner of Income Tax ( Appeals ), National Faceless Appeal Centre (NF AC ) grievously erred in law as well as in facts in upholding the order passed by Id. Assessing Officer confirming demand of interest of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is "preoccupied". In view of the above facts and vague reasons given by the assessee for seeking adjournment we are not inclined to adjourn the matter any further. 5. In the result, the application for adjournment filed by the assessee is rejected. ITA No. 181/Ahd/2022(A.Y. 2015-16) 6. The brief facts of the case are that the assessee is engaged in the business of real estate developers. The assessee filed return of income for A.Y. 2015-16 on 31.10.2015 declaring total income of Rs. 14,64,440/-. The assessment order under Section 143(3) of the Act was passed on 12.12.2017 determining total income at Rs. 14,64,440/-. Subsequently, from the AIR information, the Assessing Officer observed that the assessee had purchased three immov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing a certificate issued by the Chartered Accountant as Annexure-A containing various details. However, the assessee failed to provide any such details which were required to be furnished for claiming the benefit of First Proviso to Section 201(1) of the Act either before the Assessing Officer and neither before the Ld. CIT(A), during the course of appellate proceedings. Accordingly, so far as the ground relating to invoking the First Proviso to Section 201(1) of the Act is concerned, the Ld. CIT(A) was of the view that the appeal of the assessee was liable to be dismissed. 8. Regarding interest under Section 201(1A) of the Act, Ld. CIT(A) was of the view that it is a well settled legal proposition that irrespective of the payee / seller f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1(1A) of the Act up to the date of filing of return of income by payee / deductee. Accordingly, this ground of appeal of the assessee was also dismissed by the Ld. CIT(A). 9. The assessee is in appeal before us against the aforesaid order passed by the Ld. CIT(A) confirming the additions made by the Assessing Officer. Before us, despite multiple opportunities of hearing, the assessee has sought adjournment from time to time on frivolous / vague grounds and has neither caused appearance and nor furnished any documents to support to demonstrate that the assessee is covered by the proviso to Section 201(1) of the Act and hence, the assessee is not an assessee-in-default, in the instant set of facts. In absence of any arguments by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
